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vincent2013
vincent2013, JustAnswer Expert
Category: Property Law
Satisfied Customers: 213
Experience:  Qualified solicitor and barrister (non-practising) with 7+ years experience
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I have a lodger who has given me verbal notice to leave but

Customer Question

I have a lodger who has given me verbal notice to leave but owes me £600 in rent arrears. He has already moved most of his stuff and said he would pay me but has not been in contact for about 3 weeks. Is there anything I can to to get the rent arrears?
Submitted: 2 years ago.
Category: Property Law
Expert:  vincent2013 replied 2 years ago.
Hi, thanks for your question. My name's XXXXX XXXXX I'm going to assist you with it.

If he has failed to pay amounts due in accordance with your agreement, he is in breach of contract. The agreement does not have to be written to be enforceable and may only have been an oral licence to occupy.

If he has failed to contact you for the past 3 weeks, you should contact him in writing to let him know that if he does not settle the outstanding amount within the next 10 days, you will bring legal proceedings to recover it. It is important to give him this last warning (and it may have the desired result).

If not, you can bring a claim online at www.moneyclaim.gov.uk

You will not need a solicitor and the matter will be referred to the small claims track. There will be a fee for issuing the claim but this can be recovered if you are successful in your claim.

I hope that's helpful but please do let me know if I can clarify anything.

vincent2013, JustAnswer Expert
Category: Property Law
Satisfied Customers: 213
Experience: Qualified solicitor and barrister (non-practising) with 7+ years experience
vincent2013 and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi Vincent, thank you for your answer. I have just noticed I communicated with him via his partner last on 05/02/14. Does what you say still apply. Also I do not know where he is living now but have his parents address. Can I sent the last warning letter to their address?
Expert:  vincent2013 replied 2 years ago.
Thanks. The contact on 05/02/14 doesn't change anything.

The letter before claim should be sent to his last known address by recorded delivery. In addition to posting a hard copy, you can also text and email the letter.

You will need his last known UK address to bring a claim. However, if you know that the defendant no longer resides at his last known address (in this case, your home), you must take reasonable steps to ascertain his current address before issuing. If you still cannot find one, or cannot find another method of service, you can serve at the last known address.

You can find more detailed information on the relevant rules regarding service here: http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06#6.9

I hope that's helpful.

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